New Formal Ethics Opinion(s) from the Board of Professional Responsibility

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

In re: Adoption of A. K. S. R. and A. T. S. R.
Court:TCA
Attorneys:
Paul A. Rutherford, Nashville, Tennessee, for appellants, Glendon Todd
Williams and Donna Elaine Williams.
Andrew R. Tillman and Summer H. Stevens, Knoxville, Tennessee, for
appellee, Robbie Fulford.
Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver,
Assistant Attorney General, for the appellee, State of Tennessee,
Department of Children's Services.
Judge: CANTRELL
First Paragraph:
This appeal stems from a petition by both a paternal aunt and the
foster parents to adopt twenty- month-old twin girls. The trial court
found that the paternal aunt should adopt the children because
relatives have preference over non-relatives in adoption proceedings
and the foster parents did not meet the terms of the contract they
signed with the Department of Children's Services. We reverse the
decision of the trial court and grant the petition of the foster
parents.
http://www.tba.org/tba_files/TCA/aksr.wpd
CORRECTED OPINION
IN THE MATTER OF: ALL ASSESSMENTS,
REVIEW OF AD VALOREM ASSESSMENTS OF
PUBLIC UTILITY COMPANIES FOR TAX YEAR 1999
IN THE MATTER OF: ALL ASSESSMENTS,
REVIEW OF AD VALOREM ASSESSMENTS OF
PUBLIC UTILITY COMPANIES FOR TAX YEAR 2000
Court:TCA
Attorneys:
Jean Dyer Harrison, Nashville, Tennessee, for the appellants,
Tennessee County Government and Tennessee City Governments.
Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant,
Williamson County, Tennessee.
Robert B. Rolwing and Donnie E. Wilson, Memphis, Tennessee, for the
appellant, Shelby County, Tennessee.
James Charles, Paul D. Krivacka, Jennifer Clinard Surber and Karl
Dean, Nashville, Tennessee, for the appellant, Metropolitan Government
of Nashville and Davidson County.
Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant,
Williamson County Government.
Robert B. Rolwing, Memphis, Tennessee, for the appellant, Shelby
County Government.
Paul Stuart Parker and Kemper Harlan Dodson, III, Nashville,
Tennessee, for the appellee, ANR Pipeline.
Everett B. Gibson, Memphis, Tennessee, for the appellees, Colonial
Pipeline Co., MCI Telecommunications, MCI Metro Access Transmission
Services, Inc., and Norfolk Southern Railway Co.
Thomas Arthur Scott and Suzanne S. Cook, Kingsport, Tennessee, for the
appellees, Kingsport Power Co. and Appalachian Power Co.
Brigid M. Carpenter, Nashville, Tennessee, James W. McBride,
Washington, D.C., and Stephen Door Goodwin, Memphis, Tennessee, for
the appellee, Coalition of Public Utilities.
Paul G. Summers, Attorney General & Reporter; and Jimmy G. Creecy,
Chief Special Counsel, Nashville, Tennessee, for the appellee,
Tennessee State Board of Equalization.
Richard W. Bell, Atlanta, Georgia, for the appellee, BellSouth
Corporation.
Judge: CAIN
First Paragraph:
In these consolidated cases, a consortium of counties and cities
appeals the actions of the Tennessee State Board of Equalization in
reducing public utility assessments by fifteen per cent.
Acknowledging that all sub-constitutional issues involved in the cases
have been foreclosed by the decision of the Tennessee Supreme Court in
In Re: All Assessments 1998, No. M1998-00243-SC- R11-CV, 2000 WL
1710174 (Tenn. Nov. 16, 2000), Appellants challenge the
constitutionality of Tennessee Code Annotated section 67-5-903(f) and
section 67-5-1302(b)(1). We hold both sections of the Code to be
constitutional and affirm the decision of the Tennessee State Board of
Equalization.
http://www.tba.org/tba_files/TCA/allassessments.wpd
JOANNE THOMPSON BARRETT v. CHRISTOPHER LEE BARRETT
Court:TCA
Attorneys:
David Goad, Murfreesboro, Tennessee, for the appellant, Joanne
Thompson Barrett.
John H. Baker III, Murfreesboro, Tennessee, for the appellee,
Christopher Lee Barrett.
Judge: CANTRELL
First Paragraph:
In this divorce appeal the wife asserts that the trial judge erred in
awarding custody of the children to the father, in refusing to award
her rehabilitative alimony, and in the division of the marital estate.
We affirm the trial court.
http://www.tba.org/tba_files/TCA/barrettjt.wpd
SHEILA SUE BYRD v. DAVID BUHL
Court:TCA
Attorneys:
Carrie W. Kersh, Clarksville, TN, for Appellant
David Buhl, Clarksville, TN, pro se
Judge: HIGHERS
First Paragraph:
This appeal involves a custody and visitation dispute brought by
divorced parents having joint custody of their child. After the
mother of the child moved out of state, the child's father petitioned
the court for change of custody. The mother then counter-petitioned
the court for an increase in child support. After a hearing on the
matter, the court altered the previous visitation agreement, increased
child support, granted the father the right to claim the child as a
dependent for income tax purposes, and refused to grant the mother
attorney's fees. This appeal followed and for the following reasons,
we affirm.
http://www.tba.org/tba_files/TCA/byrdsheilasue.wpd
CITY OF MURFREESBORO v. PIERCE HARDY REAL ESTATE, INC.
Court:TCA
Attorneys:
Thomas L. Reed, Jr., Jerry E. Farmer, Murfreesboro, Tennessee, for the
appellant, City of Murfreesboro, A Municipal Corporation in Rutherford
County, State of Tennessee.
G. Sumner R. Bouldin, Jr., Murfreesboro, Tennessee, for the appellee,
Pierce Hardy Real Estate, Inc.
Judge: COTTRELL
First Paragraph:
This case involves a dispute between the City of Murfreesboro and a
landowner over the value and the acreage of a tract of land taken by
the city to be used for a greenway along the Stones River. The city
appeals the trial court's denial of a motion in limine that the city
filed to exclude testimony of the landowner's appraiser. The motion
stated that the expert's testimony relied on an inadmissible method
of valuation and should, therefore, be excluded. Additionally, the
landowner appeals the trial court's ruling that the landowner did not
own a .61 acre portion of the of the land taken because, as it sits at
the bottom of a navigable waterway, it is not subject to private
ownership.
http://www.tba.org/tba_files/TCA/cityofmurfreesboro.wpd
IN RE: THE ESTATE OF LUTHER GASTON GARRETT
Court:TCA
Attorneys:
Phillips Smalling, Byrdstown, Tennessee, for appellant Keith Edward
Garrett.
James P. Romer, Jamestown, Tennessee for appellees Priscilla Louise
Wright, Susan Yvonne Wright, Christopher Ross Garrett, Patrick Kent
Garrett, and David Denver Garrett.
Judge: COTTRELL
First Paragraph:
The testator, a father of six, left a will which devised to one of his
children a specific tract of land which, according to the will, was
described in an attached survey map. No survey map was attached to
the will. Appellant, the recipient of that bequest, disagreed with
his siblings about the size of the tract to which he was entitled.
After hearing both parties' evidence, the trial court found that the
testator's intent was to devise separate seven acre tracts to both
Appellant and one of his brothers with the remainder of the estate's
property to be divided equally among the six children. Appellant then
commenced this appeal. We affirm in part and reverse in part.
http://www.tba.org/tba_files/TCA/garrettl.wpd
PETER KUDEREWSKI, et al. v. ESTATE OF HOOVER HOBBS, et al.
Court:TCA
Attorneys:
Kenneth R. Worley, Kingsport, Tennessee, for the Appellants, Peter
Kuderewski and David Sanchez.
David S. Haynes, Bristol, Tennessee, for the Appellees, Estate of
Hoover Hobbs, and its co- administrators, Sandra Hobbs Mann and Lisa
Montgomery.
Judge: SWINEY
First Paragraph:
Peter Kuderewski and David Sanchez ("Plaintiffs") sued Hoover Hobbs
("Defendant"), alleging they had an implied partnership during the
beginning phases of a now-defunct plan to open a family fun center in
Kingsport, Tennessee ("Project"). Plaintiff argues the parties had
agreed to use property ("Property") already owned by Defendant for the
Project. A portion of the Property was later sold, and Plaintiffs
sought to recover 50% of the sale price pursuant to their claimed
respective partnership interests. Alternatively, Plaintiffs claim
they were entitled to recover, under a theory of unjust enrichment
money spent toward improving Defendant's Property in anticipation of
the Project. After a bench trial, the Trial Court denied both of
Plaintiffs' claims. Plaintiffs appeal. We affirm.
http://www.tba.org/tba_files/TCA/kuderewskip.wpd
VANDERBILT UNIVERSITY v. PAMELA HENDERSON
Court:TCA
Attorneys:
Pamela Henderson, Nashville, Tennessee, Pro Se.
Kevin S. Key, Nashville, Tennessee, for the appellee, Vanderbilt
University.
Judge: KOCH
First Paragraph:
This appeal involves a dispute between Vanderbilt University and one
of its graduates arising out of two student loans. After the former
student stopped repaying the loans, Vanderbilt University filed suit
in the Davidson County General Sessions Court seeking to recover the
principal and interest due, collection costs, and attorney's fees.
The general sessions court awarded Vanderbilt University a $9,056.43
judgment. The former student perfected a de novo appeal to the
Circuit Court for Davidson County. Following a bench trial, the trial
court awarded Vanderbilt University a $5,051.56 judgment and
established an installment payment plan for the judgment. The former
student asserts on this appeal that Vanderbilt University was not
entitled to a judgment against her because of its failure to comply
with the Fair Debt Collection Practices Act and the requirements of
the federal student loan program and because she has fully repaid her
loans. We have concluded that the record supports the trial court's
decision and, therefore, affirm the judgment.
http://www.tba.org/tba_files/TCA/vanderbiltuniv.wpdSTATE OF TENNESSEE v. JEFFERY H. PAYNE
Court:TCCA
Attorneys:
Howard L. Upchurch, Pikeville, Tennessee, for the appellant, Jeffery
H. Payne.
Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and James W. Pope, III, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
The defendant, Jeffrey H. Payne, was indicted by the Bledsoe County
Grand Jury for one count of rape of a child, one count of incest, five
counts of aggravated sexual battery, and two counts of contributing to
the delinquency of a minor. Pursuant to a negotiated plea agreement,
Defendant pled guilty to two counts of attempted aggravated sexual
battery, Tenn. Code Ann. S 39-13-504(a)(4), a Class C felony.
Defendant also agreed to serve two consecutive four-year sentences as
a Range I standard offender, with the manner of service to be
determined by the trial court. Following a sentencing hearing, the
trial court ordered that Defendant serve the effective eight-year
sentence by incarceration. On appeal, Defendant contends that the
trial court erred when it denied his request for probation or any
other form of alternative sentencing. We affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/paynej.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank